When a person has been seriously injured, their life changes in many ways. How they live, what they can do, how they interact with their spouse and family, even what they can do for entertainment. While most people understand that part of a compensation lawsuit is to help the injured party recover from these losses, they do not realize how significantly impacted the spouse of the injured party is from the injuries.
Loss of Consortium is a claim that is usually filed by the spouse of the injured party seeking compensation for what they have suffered as a result of their spouse’s injuries. Loss of companionship and intimacy, loss of services the spouse provided prior to the injury, loss of income the spouse provided, and even loss of social contact.
Consortium is a Latin word and is taken from the phrase: “ per quod servitium et consortium amisit” and is translated as “ in consequence of which he lost her society and service.” What this means is that the bond between family members especially that of spouses, is something that is more than just an emotional feeling towards each other. This bond includes everything that the spouses provide to each other including intimacy, social companionship, and personal services.
In most cases, Loss of Consortium is reserved for the spouse of the injured or deceased person that was involved in the accident. However, there are times when other family members, such as a dependent child, may seek damages for the losses they suffered when their parent was injured under the Consortium category.